Federal Circuit Splits on Whether Toddler Tub May Infringe

"While we have set out above a portion of the evidence from which a reasonable factfinder...could find that Kids2's Comfy Clean Deluxe tub infringes the '209 patent, nothing we have said should be taken to mean that such a factfinder would be compelled to make such a finding." - Federal Circuit majority

"The U.S. Court of Appeals for the Federal Circuit on Tuesday, January 14, issued a split decision reversing a district court's grant of summary judgement of non-infringement in a case involving a patent for a multi-stage tub meant for bathing infants and toddlers."

"U.S. Patent No. 6,578,209, titled 'Tubs for Bathing Infants and Toddlers,' is owned by TOMY International, Inc. and embodied by TOMY's baby bathtub called the 'Sure Comfort Deluxe.' TOMY sent Kids2 a cease-and-desist letter accusing it of infringement."

"The majority of the Federal Circuit panel agreed with TOMY that the district court erred in its claim construction, opening the door for a reevaluation of potential infringement by Kids2."

Read at IPWatchdog.com | Patents & Intellectual Property Law